To: Board of County Commissioners
From: Joshua Freeman, Director of Administration
title
RE: Insulin Lawsuit Presentation-Mike Behm
recommendation
BOARD ACTION REQUESTED:
BACKGROUND:
DISCUSSION:
IMPACT ON HUMAN RESOURCES:
IMPACT ON BUDGET:
IMPACT ON FACILITIES:
IMPACT ON TECHNOLOGY:
CONFORMITY TO COUNTY PRIORITIES:
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
WHEREAS, the Genesee County Board of County Commissioners (“this Board”) is the policy-making body of the County; and
WHEREAS, this Board has the authority to take action to protect the public health, safety, and welfare of the citizens of Genesee County; and
WHEREAS, for the past several years, there has been a class action lawsuit filed on behalf of consumers of insulin, insulin-analog, and other diabetes medications against insulin manufacturers and the three largest pharmacy benefit managers alleging that they have colluded to artificially inflate the price of diabetes medication; and
WHEREAS, the Board of County Commissioners may sue to obtain any money due to the County; and
WHEREAS, because Genesee County has provided, currently provides, and will continue to provide pharmaceutical benefits coverage for its employees and retirees through a self-funded third-party administrator, a lawsuit against these defendants may be successful in recovering these alleged overcharges; and
WHEREAS, the residents of Genesee County will benefit from the retention of special outside counsel to investigate and pursue, if appropriate, County claims against insulin manufacturers and pharmacy benefit managers who allegedly colluded to artificially inflate the price of diabetes medication, on a contingent fee basis, wherein there is no attorney fee or reimbursement of litigation expenses if there is no recovery; and
WHEREAS, this Board currently is represented by Weitz & Luxenberg PC, the Sam Bernstein Law Firm PLLC, and Behm and Behm Law Firm in an opioid lawsuit against certain opioid manufacturers and distributors; and
WHEREAS, this Board has determined that Weitz & Luxenberg PC, the Sam Bernstein Law Firm PLLC, and Behm and Behm Law Firm has excellently represented the County in the opioid litigation and believes that these firms collectively possess outstanding experience and qualifications to represent the County’s interests as they relate to any lawsuit against insulin manufacturers and pharmacy benefit managers.
NOW, THEREFORE, BE IT RESOLVED, that this Board of County Commissioners of Genesee County, Michigan, hereby retains the firms of Weitz & Luxenberg PC, the Sam Bernstein Law Firm PLLC, and Behm and Behm Law Firm, and such other legal counsel as needed, as Special Counsel to represent the County of Genesee, in consultation with the county Corporation Counsel, to investigate and, if appropriate, pursue all civil remedies which may be afforded under the law as against the insulin manufacturers and the pharmacy benefit managers, and the Chairperson of this Board is authorized to execute any necessary retainer agreement on behalf of Genesee County.
BE IT FURTHER RESOLVED, that the county Corporation Counsel is authorized to complete any online registration requirements or ministerial tasks as needed as this litigation progresses.